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General Conditions of Contract

1.      IDENTIFYING DATA         

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the identifying data of the website owner are as follows:

-              SOLUCIONES VANGUARDIA EMPRESARIAL SL, hereinafter “LOTSVE”.

-              NIF: B70745468

-              Address: Camino Del Bovalar, 35, 46970, Alaquas, VALENCIA, COMMUNITY OF VALENCIA, SPAIN.

-              Entity registered in the Commercial Registry of Valencia, Volume 11517, Book 8795, Page 36, Section GNE, Sheet 216308.

-              Phone: +34 665 128 886

-              Email: lotsve.es@gmail.com

 

2.      LEGAL CAPACITY  

The parties to whom these General Conditions apply mutually recognize their legal capacity to contract. A prerequisite for contracting is to be over 18 years of age and/or to have sufficient legal capacity to contract according to Spanish law or, in the case of a legal entity, to be a legally constituted company under current commercial law.

The User may formalize, at their choice, the purchase contract for the desired products and/or services with LOTSVE in any of the languages in which these Conditions are available on this Website.

3.      APPLICABLE REGULATIONS          

These General Conditions of Contracting (hereinafter, the General Conditions) have been drafted in compliance with the following regulations:

 

 

  • Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights.

 

This text constitutes the general framework of the contract for the acquisition of products/services subscribed between LOTSVE and the User.

4.      PURCHASE OR ACQUISITION PROCESS

On our website, you will find the products offered by LOTSVE. To acquire any of them, you must follow the following contracting process:

1)         If required, you must register on the Website through the means and forms established.

2)         Read the product description and presentation in case images have been used, paying attention to, but not limited to: name, price, components, weight, quantity, color, product details, or characteristics, how the services will be carried out and/or cost of the provisions.

3)         Access the cart, where you can check the details of the requested services.

4)         If you agree with the order, you must provide your personal data and select the payment method.

5)         Once you have completed the order, the User will receive an email confirming that LOTSVE has received their order or purchase request and/or service provision, i.e., the order confirmation. If applicable, you will also be informed by email when your purchase is being shipped. This information may also be made available to the User through their personal connection space on the Website.

 

The User acknowledges being aware, at the time of purchase, of certain particular sales conditions concerning the product and/or service in question, which are shown alongside its presentation or, if applicable, image on its page on the Website, indicating, by way of example but not limited to: name, price, components, weight, quantity, color, product details, or characteristics, how the services will be carried out and/or cost of the provisions; and acknowledges that placing the order for purchase or acquisition constitutes full and complete acceptance of the particular sales conditions applicable in each case.

All purchase orders received by LOTSVE through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise regarding the supply of products or if there are no products in stock,

LOTSVE commits to contact the User and refund any amount that may have been paid for the import. This will also apply in cases where the provision of a service becomes unfeasible.

 

5.      PRICE AND PAYMENT METHODS

The prices displayed on the Website are final, in euros (€), and include taxes, unless, by legal requirement, especially regarding VAT, a different issue is indicated and applied. The price indicated in each case is the final price. Payment can be made through the following payment methods:

  • PayPal: The User can make payments with their PayPal account. If you have created a payment agreement with PayPal by checking the "Register PayPal data" box and wish to cancel that agreement, you can do so from your PayPal account.
  • Credit/Debit Card (Visa/MasterCard/Maestro): The User will be directed to an additional page where they must provide their card details. This screen is associated with the authorized banking entity with which LOTSVE collaborates, and the information entered will be transferred directly to that entity. This process is carried out to ensure the security of transactions.
  • Bank Transfer, to account number ………………………………………………; If you need details about confirming your transfer or to check the status of your request, you can contact our Customer Service. In situations where more than 7 calendar days have passed without the reservation being made, we reserve the right to cancel the order.

By this payment method, the User must ensure that they enter the exact amount of the purchase order correctly, as well as the account number and transfer reference. In case of error, the order cannot be validated and will be canceled.

The person responsible for the payment declares to be the owner of the economic information provided.

Once the purchase procedure has concluded, the User, by accepting the box regarding the General Conditions of Contracting, acknowledges that the Website generates an electronic invoice that will be sent to the User via email. And, if applicable, through their personal connection space on the Website.

Additionally, the User can, if they wish, obtain a paper copy of their invoice by checking the corresponding box in the purchase process, requesting it at lotsve.es@gmail.com, or using the contact spaces on the Website or through the contact details provided above.

The prices may change at any time, but any possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

The payment methods may be subject to verification and authorization by the issuing banking entity; if that entity does not authorize the payment, LOTSVE will not be responsible for any delay or lack of delivery.

In the event of using a credit card, once LOTSVE receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that sufficient funds exist to complete the transaction. The charge on the card will be made at the moment the User receives the shipping confirmation and/or confirmation of the service provided in the established form and, if applicable, place.

In any case, by accepting these Conditions, the User confirms that the payment method used is theirs or, if applicable, that they are the legitimate holder of the gift card or voucher card.

 

6.      DELIVERY TIME AND SHIPPING COSTS

The following conditions are established regarding delivery times and costs:

In cases where physical delivery of the contracted good is to be made, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

Except in cases where unforeseen or extraordinary circumstances exist or, if applicable, due to product customization, the product will be delivered within the time indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. In the event of supplying digital content or services that will not be presented in physical form, they will be delivered, taking into account the nature of the digital service and any unforeseen or extraordinary circumstances that may arise, without undue delay after the contract is concluded.

If for any reason attributable to LOTSVE it cannot meet the delivery date, it will contact the User to inform them of this circumstance, and they may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If the User will not be at the delivery location during the agreed time slot, they must contact LOTSVE and/or the carrier to arrange delivery for another day. If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it delivered again.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment the User or a third party indicated by the User takes physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when LOTSVE receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after the full receipt of the payment import by LOTSVE.

7.      RIGHT OF WITHDRAWAL AND RETURNS

According to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, and unless legally established exceptions apply, you have the right to withdraw from the contract within 14 calendar days from the date the contract was formalized.

In this case, we will refund the User all payments received without undue delay and, in any case, within a maximum period of 14 calendar days from the date we are informed of the decision to withdraw from this contract. We will proceed to make this refund using the same payment method used by the User for the initial transaction. Additionally, in the event that material has been delivered in paper form and the right of withdrawal applies, the costs incurred for returning the materials will be borne by the User. However, LOTSVE may withhold the refund until it has received the products or items from the purchase, or until the User provides proof of their return, depending on which condition is met first.

To exercise the right of withdrawal, the customer may do so through any of the following channels:

·          By sending a communication to LOTSVE, by letter addressed to Camino Del Bovalar, 35, 46970, Alaquas, VALENCIA, COMMUNITY OF VALENCIA, SPAIN.

·          By sending an email to our email address lotsve.es@gmail.com.

·          Using the withdrawal form that can be downloaded by clicking here.

·          By any other valid notification mechanism under the law.

 

The User may return or send the products to LOTSVE at the address Camino Del Bovalar, 35, 46970, Alaquas, VALENCIA, COMMUNITY OF VALENCIA, SPAIN. The return must be made without any undue delay and, in any case, no later than 14 calendar days from the date LOTSVE was informed of the decision to withdraw.

 

The User acknowledges knowing that they must bear the direct cost of return (transport, delivery) of the goods, if incurred. Additionally, they will be responsible for any decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

In any case, no refund will be made if the product has been used beyond mere opening, if the products are not in the same condition in which they were delivered, or if they have suffered any damage after delivery.

Additionally, the products must be returned using or including all their original packaging, instructions, and any accompanying documents, as well as a copy of the purchase invoice.

LOTSVE has complaint and claim forms available for consumers.

8.      WARRANTY      

The products and services delivered by LOTSVE will meet the suitability requirements established in the information provided to the User prior to contracting, in all aspects related to quantity, type of good, quality, functionality, compatibility, interoperability, and other characteristics mentioned above. If the User considers that any aspect of the contracted product or service does not fulfill the commitments made by LOTSVE, they may communicate this circumstance to us through any of the channels indicated in the Customer Service section.

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined, and the User will be informed, within a reasonable period, whether a refund or, if applicable, a replacement is warranted.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that a refund or replacement of the non-compliant item is warranted.

The amount paid for those products that are returned due to a defect, when it truly exists, will be refunded in full, including delivery costs and any costs incurred by the User to make the return. The refund will be made using the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the current legislation at each moment will always apply to the User, as a consumer and user.

On the other hand, it may occur that the User purchased a product on the Website from a brand or manufactured by a third party. In this case, if the User considers it to be a defective product, they also have the option to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them within the two years following the delivery of said products. To do this, the User must have retained all information related to the warranty of the products.

9.      DISCLAIMER OF LIABILITY

Unless the current legislation provides otherwise, LOTSVE will not assume any responsibility for the following losses, regardless of their origin:

·          Losses not attributable to its non-compliance.

·          Commercial losses, including lost profits, income, contracts, expected savings, data, loss of goodwill, or unnecessary expenses incurred.

·          Any other indirect loss that is not reasonably foreseeable by both parties when formalizing the purchase contract for the products.

Additionally, LOTSVE limits its liability in the following cases:

·          All measures are taken to provide an accurate representation of the product on the Website; however, no responsibility is assumed for minor differences or inaccuracies due to screen resolution, browser issues, or other similar nature.

·          Although due diligence is exercised to provide the transportation company, no responsibility is assumed for damages arising from transportation problems, such as strikes, roadblocks, and other sector-related events resulting in delays, losses, or damage to the product.

·          Unexpected technical failures affecting the internet service. The unavailability of the Website for maintenance reasons or other reasons preventing access to the service.

·          No responsibility will be assumed for misuse and/or wear of products used by the User or for incorrect returns made by them, as it is their responsibility to return the correct product.

·          In general, LOTSVE will not be liable for non-compliance or delays due to events beyond its reasonable control, such as force majeure, which may include, but is not limited to:

o    Strikes, lockouts, or other protest measures.

o    Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.

o    Fire, explosion, storm, flood, earthquake, sinkhole, epidemic, or other natural disasters.

o    Inability to use trains, ships, airplanes, motor transport, or other means of transport, public or private.

o    Inability to use public or private telecommunications systems.

o    Acts, decrees, legislation, regulations, or restrictions by government or public authorities.

Obligations will be suspended during the period of the force majeure cause, and LOTSVE will have an extension in the time to fulfill them equal to the duration of the force majeure period.

 

All reasonable efforts will be made to find a solution that allows compliance with obligations despite the force majeure cause.

 

 

10.   NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses will remain in force, unaffected by such declaration of nullity.

 

11.   INTELLECTUAL PROPERTY       

It is prohibited to modify, transmit, distribute, reuse, resend, or use all or part of the content of the website for commercial purposes without the authorization of LOTSVE or the owner of the intellectual property rights.

The intellectual property rights of the content of the Website, its graphic design, and codes are owned by LOTSVE, and therefore, reproduction, distribution, public communication, and transformation are prohibited, except for personal and private use. Additionally, it is prohibited to reproduce, transmit, distribute, publicly display, or create derivative works from the original materials, except for personal and private use. Furthermore, the use of any method to reveal or duplicate the educational or technological methodology for any purpose other than personal or private is prohibited.

Any use contrary to the rules regarding intellectual property may be pursued under current legislation.

12.   PERSONAL DATA PROTECTION       

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), as well as in compliance with Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights (LOPDGDD), the following information is provided regarding the processing of personal data through this website.

Purpose of data processing: The information collected during the online contracting process will be processed to manage the requested order. The data collected are of an identifying nature, as well as data related to the purchase process (billing data and payment method).

We will use your identifying and contact data to send you personalized information about our products and services. This information may be sent by postal, telephone, and/or electronic means, and may involve sending personalized information. However, if you do not wish to receive such communications, you can send us an email at lotsve.es@gmail.com. Additionally, in each communication we send you, we will give you the option to unsubscribe through a quick, simple, and free procedure.

Truthfulness of the information provided: All information provided by the Client must be truthful and accurate. To this end, the Client guarantees the authenticity of all data provided as a result of completing the corresponding forms. Likewise, it will be the Client's responsibility to keep all information provided to LOTSVE updated so that it responds, at all times, to their actual situation. In any case, the Client will be solely responsible for any false or inaccurate statements made and for any damages caused to LOTSVE or third parties by the information provided. The Client guarantees that they are the owner of the information provided in the purchase process. In case of doubts about the authenticity of the data provided, LOTSVE may request the strictly necessary information to ensure that the sale process is formalized with the maximum guarantees for the parties.

Use of the website for minors: The User may only contract if they are of legal age and/or have the legal capacity to bind themselves. Otherwise, the responsibility for orders placed by minors will fall on the parents or legal guardians of the minor.

Legal basis for data processing: The legal basis for processing data related to the purchase process is the execution of the contractual relationship between the parties. Regarding the sending of commercial communications to clients, the legal basis will be the legitimate interest of LOTSVE to carry out promotional activities through the sending of commercial communications related to products and services directed at its clients, as recognized in Article 21.2 of the LSSI.

Data retention: The information related to the purchase process will be stored for the time necessary to manage the contracting process and provision of the contracted service; subsequently, the information will be retained in a blocked state for the statute of limitations period for legal actions, and after this period, it will be deleted. The information of recipients of commercial communications will be retained indefinitely unless the User requests to unsubscribe from receiving new communications, in which case we will include the data in our Robinson List to ensure that no new commercial shipments are made.

Data recipients and international data transfers: The processing of information collected through this website does not involve international data transfers. Personal data will be communicated, where appropriate, to the transport company to facilitate the delivery process of materials.

Exercise of rights: The Client has the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected. The Client may request the limitation of the processing of their data, in which case LOTSVE will only retain them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the Client may object to the processing of their data. In this case, LOTSVE will cease processing the data, except for legitimate reasons, or for the exercise or defense of possible claims. Finally, we inform you of your right to portability provided for in the GDPR so that your data can be provided to the Data Controller that the Client indicates to us. To exercise these rights, the User may choose to send an email to bgasolder@gmai.com or send a letter to the following address: Camino Del Bovalar, 35, 46970, Alaquas, VALENCIA, COMMUNITY OF VALENCIA, SPAIN.

Reporting incidents: In cases where the Client believes that their rights regarding data protection have been violated during the processing of data by LOTSVE, especially when they have not obtained satisfaction in exercising their rights, they may file a complaint with the competent Data Protection Authority (Spanish Agency for Data Protection - www.aepd.es).

Security: LOTSVE uses technologies appropriate to the current state of the art to protect personal data and information; thus, our website is hosted on secure servers protected against the most common types of attacks.

 

13.   CUSTOMER SERVICE

LOTSVE has the following customer service channels, both for after-sales service and to address any inquiries:

·          Phone: +34 665 128 886.

·          Email: lotsve.es@gmail.com.

·          Postal address: Camino Del Bovalar, 35, 46970, Alaquas, VALENCIA, COMMUNITY OF VALENCIA, SPAIN.

 

 

14.   APPLICABLE LEGISLATION AND JURISDICTION       

In resolving all disputes or matters related to this Website or the activities carried out on it, Spanish legislation will apply, to which the parties expressly submit.

The Courts and Tribunals of the city of Valencia will have jurisdiction to resolve all conflicts arising or related to the use of the site, unless the user acts as a consumer, in which case jurisdiction will fall to the Courts and Tribunals corresponding to the consumer's domicile.

 

15.   EUROPEAN COMMISSION ONLINE DISPUTE RESOLUTION SYSTEM

Additionally, the parties have the option to submit their disputes to the arbitration processes contemplated in consumer protection legislation, as well as to the extrajudicial conflict resolution procedures established through codes of conduct or other self-regulation mechanisms. In this context, the European Commission provides an online platform for dispute resolution, accessible through the following link: https://ec.europa.eu/consumers/odr/. Consumers have the option to submit their claims through the online dispute resolution platform.